Arbitration and Conciliation Act, 1996, Section 42 -- Jurisdiction of Court - Solely because a superior Court appoints arbitrator or issues directions or has retained some control over arbitrator, it cannot be regarded as a `Court' of first instance for purposes of S.42 of the Act...........
Constitution of India, 1950, Article 226 -- Letters patent appeal - Letters patent appeal as permitted under Letters Patent is normally an intra-court appeal whereunder Letters Patent Bench, sitting as a "Court of Correction", corrects its own orders in exercise of same jurisdiction as was vested in Single Bench...........
Legal Services Authorities Act, 1987, Section 21 -- Lok Adalat award - Challenge as to - Orders passed in a Lok Adalat are not liable to be challenged in any further proceedings as it is final in nature - However, provision of S.21 of the Act would not oust jurisdiction of High Court exercising powers u/art 226 of Constitution...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Family disputes, dissolution of marriage, decree of divorce under Hindu Marriage Act or Special Marriage Act can only be entertained by Family Court u/ss 7 & 8 of Family Courts Act and in absence of Family Court, District Court can examine the matters...........
Civil Procedure Code, 1908, Section 2(4), General Clauses Act, 1897, Section 3, 17 -- District Court - District Court with family jurisdiction would be a Principal Civil Court of original jurisdiction as per S.2(4) CPC and Ss.3, 17 of General Clauses Act...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Plaintiff is seeking a decree of divorce/talaq by Matrimonial suit which he had filed before Civil Judge (Jr. Div.) - In absence of Family Court in District, only competent authority to deal with such matrimonial matter is District Judge or Civil Court - Civil Judge (Jr. Div) had no such authority or..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- (Criminal Procedure Code, 1973, S.407) - Transfer of case on the ground of judge being biased - Judge cannot be presumed to be biased merely because a litigant's relative is a junior official in the same district Court or a police officer within the Court's jurisdiction...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - After return of plaint by Court lacking jurisdiction, suit has to proceed de novo before competent Court, even if evidence of parties stood concluded before Court which returns the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of territorial jurisdiction - Provisions U.O.7.R.10 r/w O.7.R.10-A CPC cannot be interpreted as providing any discretion to Court to proceed in suit from the stage from which plaint was returned...........
